Wade & Co. v. Hamilton
Supreme Court of Georgia
Certiorari, in Chatham Superior Court from the City Court of Savannah, decided by Judge Fleming, at the May Term, 1859. This was an attachment in favor of E. C. Wade & Co. against James Hamilton, levied on five bales of cotton as the property of defendant in attachment. Lawson & Addison interposed their claim to the cotton, and the validity of that claim was the question.
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Certiorari, in Chatham Superior Court from the City Court of Savannah, decided by Judge Fleming, at the May Term, 1859. This was an attachment in favor of E. C. Wade & Co. against James Hamilton, levied on five bales of cotton as the property of defendant in attachment. Lawson & Addison interposed their claim to the cotton, and the validity of that claim was the question. The Judge of the City Court held it to be invalid; Judge Fleming reversed the decision, and that reversal is the error assigned. The facts of the case were agreed as follows: James Hamilton obtained an advance of $250 00…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. Wé think that Hamilton’s delivery of this cotton to the common carrier for the claimants, and the carrier’s acceptance of it for them, with their expectation and consent, that it should come to them in that very mode, was a delivery to them. The argument was, that the carrier was not their agent, but the agent of Hamilton, and that therefore, the possession had never got to them. The facts of this case constituted the carrier agent of both parties. Hamilton was acting for himself in selecting the carrier; but he was also acting for the…
2Cited by24 opinions
- Bennett v. GreenSupreme Court of Georgia · 1923
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
- Law v. ColemanSupreme Court of Georgia · 1931
- Smith v. FrancisSupreme Court of Georgia · 1965
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